A. Since the Defendant opened an electronic file stored in a victim E’s computer hard disc, it cannot be deemed that the said electronic file was “processing, transmitting, or storing through an information and communications network,” and further, the Defendant acquired another’s secret by unlawful means and method, such as “influence into an information and communications network.”

shall not be deemed to exist.

B. In addition, although the Defendant opened an electronic file as above and acquired the contents of the Messenger conversation between the victim E and F, the Defendant’s act was committed to escape from the Massenal activity and harassment of the said victims, it constitutes an affirmative consent of the manager, a legitimate defense, or a legitimate act, and thus, illegality is dismissed.

(c)

Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous in the misunderstanding of facts and misunderstanding of legal principles due to violation of the rules of evidence.

2. The lower court, based on its stated reasoning, found that the Defendant infringed on the information and communications network without legitimate access and acquired and divulged confidential information processed, transmitted, or stored through the information and communications network (victim E’s Messenger dialogue content), and the act does not constitute an affirmative consent of the manager, legitimate defense, or legitimate act.

On the other hand, the charges of this case were convicted.

In comparison with the above judgment of the court below, a thorough examination is conducted by comparing the above judgment of the court below with the records, and considering the following circumstances which can be recognized by the evidence duly adopted and investigated by the court below and the party, the judgment of the court below is just and acceptable, and there is no error of misunderstanding the facts alleged by the defendant or misunderstanding of the legal principles, the above argument by the defendant

(1)